Exclusive Listing Agreements - The Way It Used to Be!

By
Managing Real Estate Broker with Brad MacKenzie

I have a friend who lives in North Carolina.  Her great-grandfather was a real estate agent back in the days when a real estate "listing" was a piece of paper on a list hung on the wall or in the window of a salesman's store.  At some point, he gave her an interest rate book of the sort we used to use to look up mortgage and interest payments before calculators and computers "revolutionized" those long lists of extrapolated data.  The book is worn, thumbed through, and yellowed with age and use.

Along with the book was a pad, or booklet, full of Exclusive Listing Agreements of the sort the great-grandfather had used.

The next time someone complains that, in the purchase and sale of real estate, there's an enormous amount of paperwork --or nowadays, electronic forms -- that they have to fill out and sign, give them a copy of this form.  This is the entire form for an exclusive listing agreement at one time, not so long ago.  

At first, I thought it was used in North Carolina in the 1930s, and it might have been, but the form has a copyright notice from a Texas company in the mid-1960s.  The ambiguity makes the curiousity of its contents even more poignant.  For example, it is not clear whether this was a form created and used by a single listing broker or a more general form created for the listing community of brokers.  It also creates a great visual drama for me as I imagine the time and place, the buildings, the wooden floors, the smell of tobacco in the shop, when this listing agreement would have been used.

Clearly, "back in the day" a whole lot of the business involved in everyday real estate transactions was being agreed to on a handshake, in reliance on verbal representations.  Call me a stickler for details (and you should; but then again, you should also call me for dinner): I prefer the security of written agreements that spell out exactly what the transaction includes, who is doing what, and who is getting and receiving what!  In this form, caveat emptor is the rule of the day.  The buyer is responsible for verifying the representations that the seller has given the salesman.

 

Exclusive Listing Agreement - North Carolina, 1931

 

Notice some other wonderful, colorful, anacronistic details.  On the front:

  • The contract is simplicity itself, merely obligating the seller to pay the broker a commission if a sale is completed within the term of the agreement.   Hmm, any potential problems there, issue-spotters?  
  • The seller agrees to let a sign be put on, and removed from, the property.  Were there any trespassing cases brought against salesmen trying to repossess their signage?
  • The existing bank and loan amount, interest payment and total monthly payment are disclosed on the listing agreement.
On the back:
  • There are spaces providing for Sleeping Porches, Servant's Quarters, Irrigated and Dry acreage, Cattle Pens and Cattle Loading.
  • There isn't a whole lot of space for flashy marketing or buzzwords.  It's all about features, not benefits.
  • Everything not accounted for is "Special Information"!
The Exclusive Listing Agreement approved for use by Realtorsâ in the Commonwealth of Massachusetts is several pages long, and provides for a whole range of contingencies that might complicate a real estate deal. Of course, clarifying in advance what will happen should any of these contingencies crop up during a transaction can sure can help avoid misunderstandings later. Looking back through time when I look at this listing agreement through the lens of history and popular culture, I can almost see the gun fights that might have resulted!

 

Comments (3)

Charles Stallions Real Estate Services
Charles Stallions Real Estate Services Inc - Gulf Breeze, FL
Buyers Agent 800-309-3414 Pace and Gulf Breeze,Fl.

I actually liked it when it was simple but oh well at 78 I can say that. All the writing or pages in the world has not made the law suits go away or the crooks go back to their hole. Sort of like taxing the rich and expecting more freebies

Feb 13, 2013 08:40 AM
Brad MacKenzie
Brad MacKenzie - Duxbury, MA
Turning Houses into Homes on the South Shore

So true.  I wish it were still simple, too.  Besides, who doesn't like watching a little gunfight between crooks once in a while? 

Feb 13, 2013 09:01 AM
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

I did like the old way.  I am not a great techy guy at all.

Brad, great blog.

 

Feb 13, 2013 09:08 AM

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